Jayson Miller told police he was at the bar in the new restaurant on July 15 when a fight broke out between three men, including Fox, and several bouncers, according to court records.

Miller said he was recording the fight when Fox demanded he stop and lunged at him. Miller ran out the front door then fell as he hurdled a hedge.

He turned around to see Fox hit him in the face, he said. The lawyer and two other men beat Miller while saying, "Get his phone," according to the arrest affidavit.

The men then took the phone and Miller's watch, leaving him with a broken arm, records show.

Shellist faulted police for a "half-baked case" and said surveillance video from the bar that investigators never looked at tells a different story.

Fox and Miller were acquaintances, Shellist said. He said Fox was trying to break up a confrontation between one of his friends and Miller. After the bouncers stepped in, Shellist said, Miller began recording the conflagration.

Fox then approached Miller to tell him not to record him in a bar fight.

"He didn't want to end up on YouTube," Shellist said. He said Miller backed up from Fox, then punched the attorney and ran outside as two other men gave chase, then beat him.